SERAP sues President

The Socio-Economic Rights and Accountability Project has filed a suit to compel President Goodluck Jonathan to reinstate the recently withdrawn corruption charges against Mohammed Abacha.

The suit, numbered FHC/L/CS/1007/2014, was filed on Monday before a Federal High Court in Lagos by Adetokunbo Mumuni and Oyindamola Musa on behalf of SERAP.

The group is seeking an order of the court to declare that the withdrawal of the N446.3bn corruption charges against Mohammed Abacha was illegal and unconstitutional.

On June 18, 2014, the Federal Government had asked Justice Mamman Kolo of the Federal Capital Territory High Court, Abuja, to drop the N446.3bn corruption charges preferred against Mohammed Abacha, son of the late dictator, Gen. Sani Abacha.

Mohammed was facing trial for allegedly helping his father to loot and launder about N446.3bn allegedly stolen from the government’s coffers between 1995 and 1998.

The Attorney General of the Federation, Mr. Muhammed Adoke, who asked for the withdrawal of the corruption charges on behalf of the Federal Government, said the decision followed emergence of “fresh facts” concerning the case.

However, SERAP has filed a suit to compel the reversal of the action.

Joined as the first and second defendants are President Goodluck Jonathan, and Adoke.

In the suit, SERAP argued that by the withdrawal of the N446.3bn corruption charges against Abacha, the Federal Government had contravened Section 15(5) of the 1999 Constitution of Nigeria, which “provides that the state shall abolish all corrupt practices and abuse of power.”

SERAP further argued that the Attorney-General of the Federation, by asking for the withdrawal of the corruption charges, disregarded public interest and the interest of justice.

The group said, “If the defendants want to exercise the power of withdrawing corruption charges, it is mandatory that they meet the threshold of public interest, interest of justice and ensure non-abuse of the court process.”